Can H1B transfer to new company and H1B extension at the current company possible simultaneously?


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Hi folks,

My H1B visa is valid till Aug 6th and I am receiving an offer with a new employer who is willing to apply for H1B transfer meanwhile my current employer is forcing me to initiate my H1B extension filing asap.. So I am confused if I can do both at the same time?

Can I request my new company to apply for my extension and transfer simultaneously?

This will be my first H1B extension so not sure how to proceed? Please guide me through..

Thanks,

DN

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You can do both at the same time.

When your new employer files for H1 transfer, they will mention the new dates for the H1 validity in the LCA.

You can join the new employer as soon as you receive the receipt notice for the transfer. So if you can initiate the transfer ASAP then you can quit the current employer before they file for extension.

If the extension is filed before you file for transfer, then your current employer's money is wasted.

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Thank you Mashmit2002.

I am thinking to request my new employer to file for H1B extension as well, Is it suggestive?

or just the H1B transfer filing from my new employer will that extend my H1B visa validity period?

All I am worried is that if my current employer submits for H1B extension and my new employer does the same and also H1B transfer will that create a problem?

Thanks,

DN

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When your new employer files for transfer they will also generally extend it. The dates will be mentioned on the LCA that the new employer will use during filing. Check with the new employer about the LCA and see the start and end date. This will be your H1 start and end date. You can have this for maximum of 3 years. If it is less than 3 years check with the employer on the reason.

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